Asked in Immigration Law

Q: I601 question

My mom filed for i130 for my father 5-6 years ago. They had my father go to some kind of evaluation with a psychologist(or something like that) because of something in his criminal record from like 20 years ago and they had him tested and came out positive for marijuana.. now I recently filed another i130 for him a few months ago to try again.. and while we wait for the i130's results, the question question came up... should i have filed for an i601 waiver prior to filing the i130??

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2 Lawyer Answers
Jesus Martinez
Jesus Martinez
Answered
  • Immigration Law Lawyer
  • FRESNO, CA

A: The old I-130 your mom filed, if she is alive, should still be valid. That said, if he previously used marijuana, the immigration officers likely found him inadmissible as a drug abuser. You should definitely speak with an immigration attorney to determine whether his criminal record and past drug use negatively impact his case. Don't do this alone.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: If the FORM I-130 filed by your mother was routed to the NVC you may want to check with that agency to determine if the approval has not been “ terminated” due to inactivity. The approved petition may still be valid if the NVC has not taken action to “ terminate” the petition.

You can file another FORM I-130 on behalf of your father if you are a U.S. citizen over the age of 21.

In general, a FORM I-601 is not required at the time of filing of the FORM I-130. You should consult with an experienced immigration attorney to determine if a waiver is required at the of filing for adjustment of status.

Good luck to you.

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